Commonwealth Numbered Acts

Industries Assistance Commission Amendment Act (No. 2) 1983 No. 75 of 1983 - SECT 7

7. (1) Section 20 of the Principal Act is amended by omitting sub-sections (2)
and (3) and substituting the following sub-sections:

''(2) Where the Chairman has or acquires an interest, pecuniary or otherwise,
that could conflict with the proper performance of his functions during a
proceeding and the Chairman takes part in the proceeding, the interest shall
be disclosed in the report resulting from the proceeding.

''(3) Where a Commissioner (other than the Chairman) has or acquires an
interest, pecuniary or otherwise, that could conflict with the proper
performance of his functions during a proceeding-

   (a)  he shall disclose the interest to the Chairman;

   (b)  except with the consent of the Chairman, he shall not take part, or
        continue to take part, in the proceeding; and

   (c)  if he takes part, or continues to take part, in the proceeding-the
        interest shall be disclosed in the report resulting from the
        proceeding.

''(4) Where the Chairman becomes aware that a Commissioner (other than the
Chairman) has, in relation to a proceeding, an interest of the kind referred
to in sub-section (3)-

   (a)  if the Chairman considers that the Commissioner should not take part,
        or should not continue to take part, in the proceeding-he shall give a
        direction to the Commissioner accordingly; or

   (b)  in any other case-the interest of the Commissioner shall be disclosed
        in the report resulting from the proceeding.

''(5) Where a Commissioner (other than the Chairman) or an Associate
Commissioner who is, or is to be, a member of a Division of the Commission
that is constituted for the purposes of a proceeding has or acquires any
interest, pecuniary or otherwise, that could conflict with the proper
performance of his functions during the proceeding-

   (a)  he shall disclose the interest to the Chairman;

   (b)  except with the consent of the Chairman, he shall not take part, or
        continue to take part, in the proceeding; and

   (c)  if he takes part, or continues to take part, in the proceeding-the
        interest shall be disclosed in the report resulting from the
        proceeding.

''(6) Where the Chairman becomes aware that a Commissioner (other than the
Chairman) or an Associate Commissioner who is, or is to be, a member of a
Division of the Commission that is constituted for the purposes of a
proceeding has, in relation to that proceeding, an interest of the kind
referred to in sub-section (5)-

   (a)  if the Chairman considers that the Commissioner or the Associate
        Commissioner should not take part, or should not continue to take
        part, in the proceeding-he shall give a direction to the Commissioner
        or Associate Commissioner, as the case may be, accordingly; or

   (b)  in any other case-the interest of the Commissioner or the Associate
        Commissioner, as the case may be, shall be disclosed in the report
        resulting from the proceeding.

''(7) A reference in this section to a proceeding is a reference to a
proceeding by way of an inquiry by the Commission under this Act.''.

(2) Notwithstanding the amendments made by sub-section (1), sub-sections 20
(2) and (3) of the Principal Act continue to apply, after the commencement of
this section, in relation to-

   (a)  inquiries by the Commission the holding of which commenced before the
        commencement of this section; and

   (b)  reports by the Commission resulting from inquiries of the kind
        referred to in paragraph (a),
as if those amendments had not been made.